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Home My WebLink About23I115 - REALTY RESOURCESCONTRACT ABSTRACT Contract prepared by: Community and Economic Development Department Submitted on: 5-17-2023 By: Diana Shay Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Realty Resources Michael Scarcella Appraisal Services – 3 Single Family Lots Desert Highland $2,500.00 General Funds-Economic Development Consulting Services 90 days Contract Administration Lead Department: Contract Administrator: Community and Economic Development Diana Shay Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: n/a 23I115 Contract Compliance Exhibits: Signatures: Insurance: Bonds Included included included n/a DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE APPRAISAL SERVICES AGREEMENT Agreement No. 23I115 THIS APPRAISAL SERVICES AGREEMENT (the "Agreement") is made this 17th day of May, 2023 (herein referred to as the "Effective Date") by and between the City of Palm Springs, a California charter City ("City"), and Realty Resources, ("Consultant"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of City the appraisal services for three vacant single family residential lots in the Desert Highland Neighborhood described in more detail as (1) 7,370 square foot lot at 233 W. Tramview Road, APN 669-401-010; (2) 9,147 square foot lot on El Dorado Blvd., APN 669-401-039; and (3) 9,409 square foot lot on W. Las Vegas Road (Rosa Parks Road), APN 669-353-001, set forth in Exhibit "A" to this agreement. As a material inducement to City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary. 2. Compensation and Fees. a. Consultant shall be paid in accordance with the rates attached hereto as Exhibit “A”, but in no event shall Consultant’s total compensation for all services performed under this Agreement exceed two thousand five hundred dollars ($2,500), without the prior written authorization of the City Manager or the City Manager’s designee (“City Manager”). Consultant shall be responsible for notifying the City Manager or the City Manager’s designee if the not to exceed amount is about to expend. b. The above fee shall include all costs, including but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses. 3. Payment. a. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. b. City will pay Consultant the amount invoiced within thirty (30) days after the approval of the invoice. c. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4CDocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE 4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time for preparation, and adjustment of the fee to be paid by City to Consultant. 5. Licenses, Designation. Consultant represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Consultant and its subcontractors shall maintain all appropriate licenses, during the performance of this Agreement. If required by City, Consultant warrants and covenants that its principal has achieved and will maintain in good standing throughout the term of this Agreement an " MAI" (Member of Appraisal Institute) designation corresponding to each real property identified in Exhibit "A" to this Agreement (e.g., residential, commercial, industrial, etc.). Mark Here if MAI Required 6. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and not an employee of City. City shall have the right to control Consultant only insofar as the result of Consultant's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Consultant acknowledges that Consultant and any subcontractors, agents or employees employed by Consultant shall not, under any circumstances, be considered employees of City. 7. Consultant Not Agent. Except as City may specify in writing and as set forth in this Agreement, Consultant shall have no authority, express implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, to bind City to any obligation whatsoever. 8. Assignment or Subcontracting. No assignment or subcontracting by Consultant of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4CDocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE 9. Insurance. Consultant shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. Consultant agrees to keep such policy in force and effect for at least three years from the date of completion of this Agreement as long as such insurance is available on reasonably acceptable terms. Consultant shall provide a certificate of insurance evidencing such coverage. Consultant shall provide City with evidence in the form of a certificate that should this insurance policy be canceled before the completion of all services contemplated by this Agreement, the issuing company will mail no less than thirty (30) days written notice to the City. 10. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 11. Products of Consultant. The documents and appraisal report and other products produced or provided by Consultant for this Agreement shall become the property of City upon receipt. Consultant shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilized such products, but only in connection with City's purchase or acquisition of the property that is the subject of the appraisal. 12. Termination. City Manager may for any reason terminate this Agreement by giving the Consultant not less than five (5) days written notice of intent to terminate. Upon receipt of such notice, the Consultant shall immediately cease work, unless the notice from City Manager provides otherwise. Upon the termination of this Agreement, City shall pay Consultant for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City Manager shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from City Manager, and copies thereof shall be furnished if requested. DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4CDocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE 14. Governing Law, Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. The venue for any dispute arising from or related to this Agreement shall be the Superior Court of the State of California, County of Riverside, and Palm Springs Courthouse. 15. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 16. City Officers And Employees: Non-Discrimination 16.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 16.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or em ployee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 16.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4CDocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non -discrimination in City contracting. 17. Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first- class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. TO CONSULTANT: TO CITY: Michael A. Scarcella, MAI City of Palm Springs Office of the City Manager REALTY RESOURCES Scott Stiles, City Manager 667 Leff Street 3200 E Tahquitz Canyon Way San Luis Obispo, CA 93401 Palm Springs, CA 92262 Phone (760) 861-8543 Phone: (760) 322-8362 Email: Michael@realtyadvisor.com SIGNATURES ON THE FOLLOWING PAGE DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4CDocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. “CITY” CITY OF PALM SPRINGS Date:__________________________ By:_________________________________ Jay Virata, Director Community and Economic Development APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Brenda Pree City Attorney City Clerk REALTY RESOURCES Date: __________________________ By: Michael A. Scarcella Date: __________________________ By: Signature Printed Name/Title DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4C 5/17/2023 DocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE 5/17/2023 EXHIBIT “A” SCOPE OF SERVICES AND COMPENSATION Property Type: Vacant Land Location: West of El Dorado Boulevard, North of W. Las Vegas Road, Palm Springs, CA 92262 APNs: 669-401-010, 039 & 669-353-001, Riverside County, CA Type of Report: Appraisal Report Date of Value: Date of Inspection Purpose of Appraisal: Market Value “As Is” Function of Appraisal: Internal Use Property Rights: Fee Simple Estate The report will be prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The fee proposal for this appraisal assignment is $2,500. This fee is inclusive of all expenses and charges. The required retainer is 0% of the total fee. Upon completion, I will provide you with an electronic copy of the report. DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4CDocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE Desert Highland Neighborhood Properties-Request for Appraisal Services #1 7,370 square foot vacant single-family lot at 233 W. Tramview Road with APN 669-401-010 #2 9,147 square foot vacant single-family lot on El Dorado Blvd with APN 669-401-039 #3 9,409 square foot vacant single-family lot on W. Las Vegas Rd (Rosa Parks Rd) with APN 669-353- 001 DocuSign Envelope ID: 8DEADF39-C63B-4B9E-B227-BC24497B5B4CDocuSign Envelope ID: D65E0C02-D0E4-493B-9754-B45C2AB64FAE